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(영문) 대구고등법원 2018.07.12 2018노164

살인

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal (unfair sentencing) is unreasonable in light of the various sentencing conditions in this case, the sentence sentenced by the court below (three years of imprisonment) is too unreasonable.

Judgment

Examining the various sentencing conditions of this case, the crime of this case was committed by the defendant, who committed suicide with her husband, committed suicide with her husband, and committed suicide with her four years old age, and caused the death of the victim due to the addiction to the U.S. carbon in the car. In light of the circumstance of the crime, method of the crime, the age of the victim, and the relationship between the defendant and the victim, etc., the crime of this case is inferior and serious. In particular, if the defendant, as her mother, has a responsibility to care well-breaddd and nurture the sick victim with her good mind and well-being her well-being her well-being, if there are circumstances where her mother was unable to cope with her intention to seek assistance from the State and society, even though she was tryed to commit suicide with her husband, and thus, the liability for the crime is not easy. Accordingly, the victim's death is disadvantageous to her mother who was believed to have been her entirely and solely based on her mother's attitude and age.

However, the defendant, who has been detained in this case for at least five months, appears to have an attitude to reflect on and back the crime of this case while living in custody. In the future, it is hard to say that the defendant will work well with his parents with the mind of committing the crime of deceiving the victim, and will live faithfully (the defendant's attachment was judged to have a brain 4 degree disability due to the aftermath of the traffic accident that occurred around 2009). The defendant's husband who has failed to make an investment in the shares of her husband, discontinued his place of work around the aftermath of 2015, and the defendant's attachment received the agreement of traffic accident.